1. May a lawyer state in a public advertisement that he was
formerly a military attorney while in the armed forces?

2. Would such an advertisement be considered to be a claim of specialization in an area
of law and thus require a disclaimer?

Discussion

Descriptions of job titles previously held are not expressly prohibited by any of the
Disciplinary Rules of the Texas Code of Professional Responsibility. EC 2-10 allows certain information to be published in
advertising by an attorney, and does not list former job titles as one of the permissible
topics; however, EC 2-10 is not an exclusive list. See State Bar of Texas
Professional Ethics Committee Op. 418 (1984). No prior opinions
prohibit publishing such information. Just as Opinion 418 allowed areas of non-legal study
to be included, the inclusion of this type of information would not be misleading and may
be helpful to one selecting an attorney.

The question of whether a disclaimer is required hinges on whether allowing the
above-mentioned job titles constitutes a claim of specialization in an area of law. The
undeniable impression that both a civilian or a member of the military would receive from
the advertising of these job titles is that the attorney has expertise in the area of law
involving military personnel, regardless of whether this is a bona fide "area of
law." Since this is not an area recognized by the Texas Board of Legal
Specialization, DR 2-101(C)(2) provides that the
advertisement must state "Not Certified by the Texas Board of
Specialization" and may additionally state "No designation has been made
by the Texas Board of Legal Specialization for a Certificate of Special Competence in this
area." The statement recommended by the attorney who has presented the question to
the Committee does not include the mandatory statement noted above, and is thus
insufficient. It is also not technically in conformity with the latter disclaimer above.

Conclusion

The military job titles related to legal experience may be included in advertising.

Job titles implying expertise within an area of law must include proper disclaimers
under a strict construction of these rules. (9-0)